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AVIATION & MARINE ENGINEERS ASSOCIATION Newsletter - March 2015 But look back at what we have given away over AMEA CONFERENCE the years. We work up to 50 hour weeks, for instance. The employer is motivated while we The AMEA Biannual Conference was held on sleep. We gave up the unionised workplace and 05-06 November 2014 in Auckland. Fifty AMEA are now being channelled into not standing union representatives attended. up for ourselves and opposing the employer. The same conditions, the same arguments as The following commentary is provided by John existed in the 1800’s are still here, society is Fraser who is the Chairman of the Maritime Stan Renwick just more sophisticated now. We have to get Division and Executive member. He is employed political. We need to stand up and be counted when new legislation by Interislander on the Cook Strait ferries. John Fraser threatens things such as rest breaks instead of watching it happen DAY ONE: and whingeing. This legislation is a testing of the waters. There is more to come. Lively debate broke out which lasted until it threatened the First on the agenda after the preliminary ice-breaking was the celebrity Conference tea break, and was concluded. speaker Ken Johnson who took us through AMEA’s history as its membership responded to the shifting political landscape. Unions have Next up was Alison Maelzer from Hesketh been demonised by politicians, he asserted. The Labour Relations Act in Henry, solicitors to the gentry, who took us 1987 required that a union had to have a membership of at least 1000 through the Health and Safety Amendment to be recognised, and the Employment Contracts Act of 1991 raised Bill. New Zealand has a poor safety record the bar further and resulted in competition between unions in the compared to other OECD countries and the workplace. The Government has been methodically kneecapping unions focus is mainly on the employer to ensure and new legislation has dissolved ‘The Movement’ and reduced unions workers are not injured on the job. The new to toothless bargaining agents. New Zealand has coincidentally the most Alison Maelzer legislation is based on Australian “model repressive laws in the developed world against organised unionism. As a law” which is an expression for a set of rules result perhaps, only 20% of New Zealand workers are unionised and 9% of designed to achieve a near-perfect result. It defines the responsible them are in the private sector. person as “a person conducting a business or undertaking”, the PCBU. It is a broad definition covering employers, suppliers, people in charge I will relate Ken’s biscuit story here for a bit of cheer: of a workplace, in fact almost anyone except home occupiers and - The employer entered the room with a plate with ten biscuits on it, those engaged in residential work, and volunteers with no employees. and set it down in front of the representatives of the two unions on site The content of the changes is guaranteed to glaze you over reading who were there to bargain. They took a biscuit each, but the employer about it here. Simplest-put, it is “A Good Thing”. took the remaining eight, and biting into one, put the rest in his pocket. After lunch Chris Mills from Air Swallowing, he leaned toward the nearest of the two reps and murmured New Zealand spoke on High “Keep an eye on him. He’ll be after your biscuit next”. Performance Engagement. Ken posed the question of how to stand up to the new legislation allowing Had you attended AMEA’s the employer to legally walk away from bargaining. Action by the workers last conference, you would would bring condemnation from the public who elected this government. remember Chris as the Christian who was fed to the lions when Tony Tronson, Simon Gallagher He warned that anyone testing the legislation’s validity would find it very and Chris Mills GM HR Air NZ expensive in the courts. And he left us with a quote of Chairman Mao’s; he spoke the very day after the “Know your enemy and you know your strength.” bitter court case between AMEA and Air New Zealand wound up for a ruling from the judge. The guy’s got guts. Now High Performance Stan led an open floor discussion next. He began with the statement that Engagement is the buzzword for a system where employees and we ought not be ashamed to be unionised. It provides a balance, he said. employer meet as equals to make considered and wise decisions Contact Details: Jacqui Roberts: jacqui@amea.co.nz 1st Floor, 44 Anzac Ave, General Meetings - Auckland Stan Renwick: stan@amea.co.nz PO Box 3471, Auckland 1140 Held the first Tuesday in the month (except Jan) Phone: (09) 358 0050 Tuesday 7th April 2015 Bob Brough: bob@amea.co.nz Fax: (09) 358 0063 Tuesday 5th May 2015 Penny Dillimore: penny@amea.co.nz Office: union@amea.co.nz Tuesday 2nd June 2015 Nicolette Carrington: union@amea.co.nz Web Site: www.amea.co.nz AVIATION & MARINE ENGINEERS ASSOCIATION www.amea.co.nz on the future of their employment. The sort of meetings and decision- such a collective exists where it does, that it covers their work, that they making that involves those closest to the problem in finding a solution. are free to join it, and put them in touch with the Union. At Air New Zealand it appears to be working. And a version of it may well work at other workplaces if a climate for it to grow could be established. Collective Bargaining: The requirement to conclude a collective agreement How many times have we said of the employer; ‘you never listen’? HPE is unless there is a genuine reason not to goes, but an employer cannot in a way to establish that dialogue. Good Faith refuse to enter a collective on principle. Both employers and employees now may initiate bargaining 60 days before expiry. The after-smoko speaker was John Whittaker also of Air New Zealand, who outlined the processes they follow in setting up, working through, Strikes and Lock-outs: Where-as the Union was not required to give and actioning results of meetings regarding the Airport areas. In notice of a strike under previous legislation unless in an essential summary, for them it works. And both sides appear to be committed to industry, it must now provide full detail of all stoppages 14 days prior to that continuing. the activity. A partial strike is now defined under the Act and essentially is not doing any activity normally undertaken. The employer now THE SECOND DAY has the right to define what it feels isn’t being done satisfactorily and Jim Roberts spoke eloquently about that bogey deduct from the worker’s wage an amount or a flat 10%. The employer the Employment Relations Act. National promised then continues to get work done and harvests potentially 10% of the in 2011 to amend it and although it was deferred workforce’s remuneration as well. He posed the question would workers after John Banks’ resignation it was still on the be better served by a full strike? books ready for National’s re-election this year and will pass into law this month. Harassment: This now has a definition under both the ERA and the Human Rights Act. The aggrieved can elect which one to pursue and the Jim Roberts There are small changes in the good faith area employer needs to deal with its occurrence. It has broadened to cover that pertains to disclosure of information around, harassment by colleagues, customers, and clients. for instance, why you might not have got a particular job, which brings it into line with the Privacy Act. Bullying: There is a move to define this under Worksafe Best Practice Guideline but a textbook definition remains elusive. There is a seeming Changes to the law on flexible working arrangements mean that disparity between common law and the Guideline. It may be some time only those who have care responsibilities can ask, after six months’ before case law is sufficiently advanced to be able to spot bullies and employment, and make but one request per twelve months. stop them. But at this stage the definition is “Repeated and unreasonable behaviour directed towards a worker or a group of workers that creates Rest and Meal Breaks: The new law does not remove breaks. However a risk to health and safety”. Note that it is to be repeated, and does not it no longer specifies a number or duration. An employer must provide a have to demonstrate an intent. What to do? Document it. Assess it. The reasonable opportunity for rest, refreshment, and attention to personal Worksafe site has a tool to do this. Get help. Consider low-key remedies, matters (like going to the bank). These must be of “appropriate duration”, or proceed to a complaint. But be aware that due to the difficulty in it says. But if agreement between employer and employee can be had defining bullying what the victim perceives can be denied and explained or if a break cannot be provided then “compensatory measures” are away. More work to be done here. allowed. (Leaving early or starting late or time off in lieu). But other enactments take precedent. Truck drivers for instance must still have The Conference moved on to election of officers and a full list appearing statutory breaks. below. The obligatory Where’s Wally photo followed and with closing addresses we headed off to catch planes.

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